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目前在我国投资市场上,已有和拟发展的基金形式主要有证券投资基金、产业投资基金和风险投资基金。我们的立法不能就这3块各立一部法律,而应该在一部法律中把这几部分内容都规范起来。为此,投资基金法应针对不同基金的共同点进行立法。 无论哪种基金都需要从资金持有者手中募集资金,都需要将募集的资金交给管理人去投资,都需要将投资收益回报给投资人,并维护投资者利益。从这些方面看,各种基金都是相同的,而这一切的基础就在于募集资金,因此大家认为,投资基金法应从募集的角度进行规范。
Currently in the investment market in our country, the existing and proposed forms of funds mainly include securities investment funds, industrial investment funds and venture capital funds. Our legislation can not set up a separate law on these three pieces. Instead, we should standardize these parts in a law. To this end, investment fund law should be based on the common ground of different funds for legislation. No matter what kind of fund needs to raise money from the hands of the fund holders, all the funds raised need to be handed over to the manager for investment. Both of these funds need to be returned to the investors and the investors' interests. In these respects, all kinds of funds are the same, and the basis of all this is raising funds. Therefore, we all think that the law on investment funds should be regulated from the perspective of fund-raising.